St. Louis, Iron Mountain & Southern Railway Co. v. Transmier
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; 1. Under tbe circumstances of this case, where it is shown that the plaintiff, with knowledge of the presence and situation of the engine, and while the engine was stopped at some distance from the crossing, drove thereon, negligence can not be imputed to the engineer if, while the plaintiff was driving over the crossing, he started his engine to moving away from the crossing and in doing so made no greater noises and…
Read the full summary
Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; 1. Under tbe circumstances of this case, where it is shown that the plaintiff, with knowledge of the presence and situation of the engine, and while the engine was stopped at some distance from the crossing, drove thereon, negligence can not be imputed to the engineer if, while the plaintiff was driving over the crossing, he started his engine to moving away from the crossing and in doing so made no greater noises and allowed no greater escape of steam from the engine than was necessary and usual in its operation. 99 Ark. 226, 232; 77…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted against defendant railway company to recover damages for personal injuries received by the plaintiff while crossing the railroad of defendant at a public street crossing in the city of Argenta, negligence of servants of the company being charged in unnecessarily blowing steam from the engine so as to frighten plaintiff’s horse.
Plaintiff is a man well advanced in years, and was employed to work on a farm a few miles out from Argenta. His employer, one Engelberger, in addition to farming, operated a saloon and restaurant in Argenta, and one of plaintiff’s duties was…
2Cases cited7 opinions
- Railway Co. v. LewisSupreme Court of Arkansas · 1895
- Inabnett v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1901
- Choctaw, Oklahoma & Gulf Railroad v. CokerSupreme Court of Arkansas · 1905
- Geren v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1911
- Louisiana & Northwest Railroad v. SmithSupreme Court of Arkansas · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. ReillySupreme Court of Arkansas · 1913
- Garner v. Missouri Pacific Railroad Co.Supreme Court of Arkansas · 1946
- St. Louis, Iron Mountain & Southern Railway Co. v. EichelmanSupreme Court of Arkansas · 1915
- Arkansas State Highway Comm'n v. Heirs at Law of RingSupreme Court of Arkansas · 1969